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Causation is a crucial element of the actus reus.
Member rating: No Rating | Words: | Submitted: Mon Jun 19 2006
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(A) Causation is a crucial element of the actus reus, and it must be proved that D's acts or omissions caused the prohibitive consequence. As Jefferson observes, "there is no more intractable problem in the law tan causation."1 The events and consequences are never the result of a single cause but require the coincidence of multiple factors. According to Hart and Honore?, it is D's acts which "make the difference" between disaster and normal functioning. Law students and lawyers when called upon to give account of the causal principles they apply, "often resort to obscure metaphors of 'causal potency', the 'exhaustion' of causes, and the 'breaking of chains'."2 The test for causation has two limbs effectively. The first outlines that D's conduct must in fact cause the prohibited consequence, and secondly, D's conduct must in law cause that consequence. Both of these must be established before the harmful consequence can be attributed...
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